A reader asked: His father is Korean, working from June 2024 to February 2025 at a foreign bank in Hai Phong branch.
Knowing that information can be provided to receive a one-time allowance from Vietnam Social Insurance, I would like to request guidance on procedures for receiving money as well as the expected refund amount.
Vietnam Social Security answers this question as follows:
Clause 1, Article 2 of Decree No. 143/2018/ND-CP dated October 15, 2018 of the Government detailing the Law on Social Insurance and the Law on Occupational Safety and Hygiene on compulsory social insurance for foreign workers working in Vietnam stipulates the subjects of application as follows:
"Foreign workers working in Vietnam are subject to compulsory social insurance when they have a work permit or practice certificate or practice permit issued by a competent authority of Vietnam and have an indefinite-term labor contract, a labor contract with a term of 01 year or more with an employer in Vietnam".
Clause 6, Article 9 of Decree No. 143/2018/ND-CP stipulates the following cases of one-time social insurance benefits:
"A worker specified in Clause 1, Article 2 of this Decree who has a request shall receive one-time social insurance if he/she falls into one of the following cases:
... d) Employees who terminate their labor contracts or labor licenses, practice certificates, or practice licenses without an extension".
Clause 7, Article 9 of Decree No. 143/2018/ND-CP stipulates the one-time social insurance benefit level as prescribed in Point b, Clause 2, Article 60 of the Social Insurance Law 2014, specifically: "02 months of average monthly salary for social insurance contributions for contributions from 2014 onwards".
However, according to the information he provided, in the case of his paternal father's social insurance payment for less than 01 year, the one-time social insurance payment is made according to Point c, Clause 2, Article 60 of the Social Insurance Law 2014, specifically:
"In case the social insurance payment period is less than one year, the social insurance benefit level is equal to the amount paid, the maximum level is 02 months of the average monthly salary for social insurance payment".
One-time social insurance application
Clause 1, Clause 2, Article 109 of the Law on Social Insurance 2014 stipulates that the application for one-time social insurance benefits includes:
"1. Social insurance book;
2. Application for one-time social insurance of the employee".
Clause 2, Clause 3, Article 15 of Decree No. 143/2018/ND-CP stipulates:
"- The application for participation in or settlement of social insurance benefits of employees in Clause 1 of this Article issued by a foreign agency must be translated into Vietnamese and certified in accordance with Vietnamese law.
- Within 10 days from the date of termination of the labor contract or the time the labor license, practice certificate, and practice license expire (whichever comes first) if the employee does not continue to work under the labor contract or the license is not renewed, the employee requests to receive social insurance at one time and submits the application according to regulations to the social insurance agency. Within 05 working days from the date of receiving the complete documents as prescribed, the social insurance agency is responsible for handling and organizing payment to employees. In case of failure to resolve, it must respond in writing and state the reason".
Readers are invited to compare with the above regulations. If they are eligible for one-time social insurance, they should submit the application to the nearest social insurance agency for consideration and resolution.
Can authorize to receive one-time social insurance
In addition, Clause 6, Article 18 of the Law on Social Insurance 2014 stipulates that in cases where employees do not directly submit documents and receive one-time social insurance benefits, they can authorize another person to submit documents and receive one-time social insurance benefits according to Form No. 13-HSB issued with Decision No. 166/QD-BHXH dated January 31, 2019 of Vietnam Social Insurance or a notarized authorization contract according to the provisions of law to the Social Insurance agency for settlement.
In case the authorization is carried out abroad, the dossier and documents authorizing must be legalized consularly according to the provisions of Clause 2, Article 4 of Decree No. 111/2011/ND-CP dated December 5, 2011 of the Government.
